Font Size: a A A

Comment On The Case Of Environmental Public-interest Litigation About A Environment Federation V.B Co.,Ltd

Posted on:2019-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhouFull Text:PDF
Abstract/Summary:PDF Full Text Request
At present,most countries in the world have successively established and developed civil public interest litigation systems.The Civil Procedure Law revised in 2012 formally determined the environmental public interest litigation system from the national legislative level.At this time,the development of environmental public interest litigation in China entered the fast lane.In the case of the environmental protection liability dispute between A Environment Federation and B Co.,Ltd and six companies that occurred in 2014,the focus of their core disputes was whether the A Environment Federation had the qualifications for environmental public interest litigation,whether there are causal relationships between the sales behavior of B companies and other six companies and the consequences of environmental pollution damage,and the determination of the environmental damage liability of six companies such as company B.First of all,A Environment Federation has the qualifications of the litigation subject,because it is in accordance with Article 55 of the Civil Procedure Law as amended in 2012 regarding the relevant organizations,and it is also a social organization specialized in environmental protection registered according to law.The relevant provisions of the Environmental Protection Law did not apply to this case because it did not come into implement.However,in a similar case in 2013 when the P Environmental Protection Association lodged a complaint with the Q company on water pollution liability,the court held the opposite view that the P Environmental Protection Association had no qualification for environmental public interest litigation.In the Tenggeer Desert Pollution Case that took place in 2015,the issue of the subject qualification of environmental public interest litigation applied to the new Environmental Protection Law and relevant judicial interpretations,there was still a commutation in the retrial.This shows the complexity and uncertainty of the qualifications of environmental public interest litigation subjects.Secondly,the sales behavior of the six defendants has a causal relationship with the consequences of environmental pollution damage because six companies such as Company B sell to unqualified,non-handling Company H at a price far lower than the market's normal disposal of hazardous substances by-product acid production.the company.The company H directly dumped it to the river and caused the relevant waters to be seriously polluted.Six companies such as Company B used legal means to cover up illegal purposes and used an inaction to cause environmental pollution.The two have a causal relationship.Finally,for the six companies' liability for environmental damage liability,the virtual governance cost calculation method should be used to calculate the environmental damage caused by pollution behavior.This algorithm complies with the Recommendation Method for Calculating the Amount of Environmental Pollution Damage issued by the Ministry of Environmental Protection.It also protects the environmental public interest to the greatest extent,and advocates that enterprises fulfill their social responsibilities and achieve sustainable and healthy development of society.In addition,the Taizhou Municipal People's Procuratorate and the Jiangsu Provincial People's Procuratorate participated in the first-instance and the second-instance activities of the case respectively,dutifully rendered their opinions,and initiated court appearances in support of social organizations participating in environmental public interest litigation.which provided the procuratorial organs with fresh samples of judicial in all-round participation in environmental public interest litigation.
Keywords/Search Tags:Environmental Public Interest Litigation, Compensation of Environmental Damages, Causation Presumption
PDF Full Text Request
Related items